§ 54 — Right to apply to General Division of High Court in respect of access regime

54.—(1) If a person has been denied access to a payment system by any participant, operator, settlement institution or other person that determines access to the payment system, in contravention of a term or condition of the access regime imposed under section 51(1) or 52(1), the person denied access may apply to the General Division of the High Court for an order under subsection (3).[40/2019]

(2) An applicant for an order under subsection (1) must give to the Authority a written notice of the application together with a copy of the application, and the Authority may apply to the General Division of the High Court to be joined as a party to the proceedings.[40/2019]

(3) If the General Division of the High Court is satisfied that any participant, operator, settlement institution or other person that determines access to a payment system has contravened a term or condition of the access regime, the General Division of the High Court may —(a)

order that participant, operator, settlement institution or other person to comply with that term or condition of the access regime;

(b)

order that participant, operator, settlement institution or other person to compensate any person that has suffered loss or damage as a result of the contravention; or

(c)

make such other order as the General Division of the High Court thinks fit.[40/2019]

(4) The General Division of the High Court may, on an application by any person that has a sufficient interest or on its own motion, discharge or vary any order made under this section, but must not discharge or vary that order unless the Authority has a reasonable opportunity to make representations to the General Division of the High Court.[40/2019]

—(1) If a person has been denied access to a payment system by any participant, operator, settlement institution or other person that determines access to the payment system, in contravention of a term or condition of the access regime imposed under section 51(1) or 52(1), the person denied access may apply to the General Division of the High Court for an order under subsection (3).[40/2019]

(2) An applicant for an order under subsection (1) must give to the Authority a written notice of the application together with a copy of the application, and the Authority may apply to the General Division of the High Court to be joined as a party to the proceedings.[40/2019]

(3) If the General Division of the High Court is satisfied that any participant, operator, settlement institution or other person that determines access to a payment system has contravened a term or condition of the access regime, the General Division of the High Court may —(a)

order that participant, operator, settlement institution or other person to comply with that term or condition of the access regime;

(b)

order that participant, operator, settlement institution or other person to compensate any person that has suffered loss or damage as a result of the contravention; or

(c)

make such other order as the General Division of the High Court thinks fit.[40/2019]

(4) The General Division of the High Court may, on an application by any person that has a sufficient interest or on its own motion, discharge or vary any order made under this section, but must not discharge or vary that order unless the Authority has a reasonable opportunity to make representations to the General Division of the High Court.[40/2019]